IN THE CASE OF:	  

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080011998 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 12b (Separation Date This Period) and Item 12c (Net Active Service This Period) of his separation document 
(DD Form 214) be corrected.

2.  The applicant states, in effect, that he is attempting to buy back his military service and that Item 12b and 12c of his DD Form 214 should be corrected to allow him to receive the proper credit for his civilian retirement.  He claims his total active duty service is 1 year, 11 months, and 17 days as opposed to 
2 years, 11 months, and 17 days as indicated on the DD Form 214, and that he was released from active duty (REFRAD) on 21 December 1983, not
21 December 1984, as indicated on the separation document.  

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a 
substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in Item 35 (Record of Assignments), that the applicant served in the United States Army Reserve (USAR), not on active duty, from 25 September 1982 through 4 January 1983; and that he entered active duty (AD) in the Regular Army (RA) on 5 January 1983, and continuously served until 21 December 1984.  

3.  The applicant's Official Military Personnel File (OMPF) contains Army Good Conduct Medal (AGCM orders issued by the Army Regional Personnel Center Grafenwoehr, Germany, dated 17 December 1984.  These orders announced the applicant’s first award of the AGCM for a qualifying period of active duty service from 5 January 1983 to the date of his separation on or about 4 January 1985. 

4.  Item 12a (Date Entered AD This Period) of the DD Form 214 issued to the applicant upon his honorable REFRAD erroneously shows he entered active duty on 5 January 1982.  Item 12b shows that he was separated on 21 December 1984, and Item 12c shows he completed 2 years, 11 months, and 17 days of active duty service during the period covered by the separation document
(5 January 1982 - 21 December 1984).  The applicant authenticated the DD Form 214 with his signature in Item 21 (Signature of Member Being Separated) on the date of his REFRAD.  

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for completing the DD Form 214.  

6.  This regulation states for Item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  For Item 12b state to enter the Soldier’s transition (separation) date; and for Item 12c, enter the amount of service this period, which is computed by subtracting item 12a from 12b. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the entries in Item 12b and Item 12c of his 
DD Form 214 are in error was carefully considered and found to have partial merit.  The evidence of record confirms the applicant entered active duty on
5 January 1983, not 5 January 1982, as indicated in Item 12a of his DD Form 214.  As a result, the entry for active duty completed during the period entered in Item 12c should read 1 year, 11 months, and 17 days; instead of 2 years, 11 months, and 17 days as is currently listed on the DD Form 214.  Therefore, it would be appropriate to correct Item 12a and Item 12c of the DD Form 214 accordingly.  

2.  However, although the dates listed above were in error and the total active duty service completed by the applicant does in fact match the period he claims he served based on the adjustment of his entry date in Item 12a, the evidence of record does not support his claim that he was REFRAD on 21 December 1983 instead of 21 December 1984.  Therefore, there is an insufficient evidentiary basis to support a change to the separation date entered in Item 12b of the 
DD form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____  ___  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by:

   a.  deleting the current entry in Item 12a and replacing it with the entry
"83  01  05”;

   b.   deleting the current entry in Item 12c and replacing it with the entry
"01  11  17”; and

   c.  issuing him a correction to his separation document that reflects these changes.


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of Item 12b of his DD Form 214.



      ________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080011998



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ABCMR Record of Proceedings (cont)                                         AR20080011998



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